Due diligence is essential and often overlooked. Business or buyers conduct cursory due diligence. Picture the venture firm that looks at a checklist of due diligence items. Too often we have seen a check mark next to something like “non-provisional patents” and the extent of the inquiry ends there. That is where our attorneys dig deeper;
• Are the patents good patents?
• Is there prior art?
• Are there pending actions against the patent holder?
• Who actually owns these patents?
• Are the right inventors there?
Rather than have something pop out of the woodwork two years after an acquisition- we want to find it now. The goal is to help our selling clients close that item before going through a thorough due diligence evaluation.
Our lawyers look beyond the numbers to the implications of the contract terms in a similar manner with trademark licenses, patent portfolios computer software licenses, and joint venture or teaming agreement. We also handle and review opposition and re-examination evaluations, cross-licensing and a host of other related issues from freedom to operate (FTO), to manufacturing and foreign intellectual property.
Our team works with clients to draft and review employment agreements and policies. We also perform audits to assist our clients in terms of regulatory and legal compliance. We often draft, review and modify our clients’ employment agreements, policies, handbooks and other contracts related to their business. We also regularly conduct due diligence in the context of a business sale or acquisition.
Our clients often ask us to assess the state of their workplace and compliance related to it. Our team has created and implemented comprehensive and general practices audits to ensure that our clients meet all regulatory requirements. Our audits are designed to mitigate our clients’ risk and to ensure that our clients provide employees with a solid compliant work environment. In the event of an agency audit or litigation related to such an audit, our team will work with clients and the agency to mitigate the situation. Many of our attorneys are former government attorneys, so our team is uniquely qualified to work with government officials to resolve any dispute that arise related to compliance.